Revolutionary War Pension and Bounty Land Warrant Application File S. 10,645, Levi Fay, Mass.

SERVICE
Mass.
Fay, Levi
NUMBER
S. 10645
carded.
CONTENTS
[Ruled lines for contents entry]
[Ruled lines for contents entry]

Vermont 18.871
Levi Hays of Essex Co. in the State of Vermont who was a Corporal in the Company commanded by Captain Barnes of the Regt commanded by Col Ward — in the Battle of Bunker Hill —
8 Mo Corporal — $ 29.32
Inscribed on the Roll of Vermont at the rate of 29 Dollars 32 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17th day of Oct 1833 and sent to Pensioner, Sunderland, Vt
Arrears to the 4th of Sept 1833. 73.30
Semi-ant. allowance ending 4th Mch 1834. 14.66
$ 87.96
Revolutionary Claim, Act June 7, 1832.
Recorded by D. Sprague Clerk Book 8 Vol. 3 Page 65

State of Vermont on 26 th day of July A.D. 1832 Essex County ss
Personally appeared in open court before me William Gates Judge of the Court of Probate within and for the district of Essex in the County of Essex aforesaid now sitting Levi Gay a resident of the Town of Lunenburg in said County of Essex and State of Vermont aged Eighty five years who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed 7 th June 1832 —
That he entered the service of the United States under the following named officer and served as here in stated viz In a Company commanded by Capt Daniel Barns in Col John Wards Reg t of the Massachusetts State troops. That he was what was called a minute man. & that he was called upon on the 19 th day of April 1775 and marched through Lexington on the afternoon of the same day and into Cambridge the next morning and was stationed at Cambridge at the battle of Bunker Hill (but not on the hill), and after the battle he went to Dorchester and continued in the service at that time eight months he thinks he left in December, That he served as a Corporal, Wm Morse was his Lieut and Paul Brigham was Ensign or 2 d Lieut & that he resided in Marlborough in the State of Massachusetts, that he was a volunteer, that he was born in Southborough that he remained from Marlborough

about 34 years ago to Lunenburg where he now resides That he has no Documentary evidence and he knows of no person except Saml Gates whose testimony he can procure who can testify to his service He hereby relinquishes every claim to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State —
Sworn and subscribed the day and year aforesaid
Levi Fay
We Jeremiah Glines a Clergyman residing in Lunenburg in the County of Essex and State of Vermont and Geo Carlton residing in the same Lunenburg hereby certify that we are well acquainted with Levi Fay who has subscribed and sworn to the above declar- ation and that we believe him to be eighty five years of age that he is reputed and believed in the neighbor- hood where he resides to have been a soldier of the revolu- tion and that we concur in that opinion Sworn and subscribed the day and year aforesaid
Jeremiah Glines Geo Carlton

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he states. And the Court further certifies that it appears to them that Jeremiah Glines who has signed the preceding Certificate is a Clergyman resident in the Town of Lunenburg in the County of Essex and State of Vermont and that George Carleton who has also signed the same is resident in said Lunenburg and is a credible person and that their statement is entitled to credit.
Wm Gates Judge
I William Helywood Junr Register of the Court of Probate within and for the District of Essex in the County of Essex and State of Vermont do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Levi Fay for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 26 th day of July in the year of our Lord one thousand eight hundred and thirty two -
William Helywood Jr Register

State of Vermont Essex County ss
I William Gates Clerk of the County Court within and for the County of Essex do hereby certify that William
Gates Esq. before whom the within Declaration of Levi Fay was taken and sworn to is the Judge of the Probate Court within and for the District of Essex in said County of Essex and that his name thereunto subscribed is his genuine signature.
In testimony whereof I have hereunto subscribed my name and affixed the seal of said Court at Lunenburg in said County this 20 th day of August A.D. 1832 -
Wm Gates Clerk
37/14

Rev. War Section.
Sept. 14, 1923.
E. B. Hartshorn, Dept. of Chemistry, Dartmouth College, Hanover N. H.
Sir:
I have to advise you that from the papers in the pension claim, S. 10645, it appears that Levi Fay was born at Southborough, Mass. in 1747, and while living at Marlborough Mass , became a Corporal in Capt. Daniel Barns' Co. of Minute-men and marched to Lexington on the afternoon of April 19, 1775, and on April 26, 1775, he enlisted and served eight months as a Corporal in Capt. Daniel Barns's Co., Col. Jonathan Ward's Mass. Regt., and was at the battle of Bunker Hill.
He was allowed pension on his application executed July 26, 1832, at which time he lived in Lunenburg, Vt. There is no data on file as to his family.
The Revolutionary War records of this Bureau fail to afford any information in regard to Ebenezer Hartshorn and James Bennett described by you.
The pension records fail to afford any information in regard to Bradley Hartshorn as of the U. S. Army prior to the Civil War or in the Mexican War.
Respectfully,
Hayo Haymaker
Acting Commissioner.

Reo War
10645 INVALID.
File No. 10,645
Levi Haz
Corp New War
Act: June 1 th 32
Index:—Vol. A , Page 121
[Arrangement of 1870.]
123 Sept. 14. West to E. R. Northorn au.

Commonwealth of Massachusetts.
Secretary's Office, May 17 th 1833.
* hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Levi Gay, as Corporal, is found on a Master-Roll of Capt. Daniel Barns' Company, in Col. Jonathan Ward's Regiment, — having enlisted April 26, 1775, and served to August 1, 1775, — where he is allowed three months and seven days. — — — — —
m. d. 3 7
The name of Levi Gay, as Corporal, is further found on an Alarm-Roll of Capt. David  Daniel Barns' Company, — having marched April 19, 1776, — and is allowed seven days' service. — — — — —
0 7
3 14
Edward D. Bump Ly
There is on a company roll as Levi Gay as Corporal not listed here as Oct 1775 - a Capt not listed See Levi Gay's record in Mass. B. & G. Vol. 5 - page 579
April 19 1775

I Samuel Howe of Guildhall in the County of Essex and State of Vermont aged 77 years do hereby say that in the year A D 1775 I lived in Marlborough in the State of Massachusetts Tho' I was then well acquainted with Mr Levi Gay then of D r Marlborough now residing in Lunenburg in the County of Essex and State of Vermont and that I was at Dorchester near Boston as a soldier in the months of September & October in the year 1775 and I well remember seeing said Gay at Dorchester doing duty as a soldier in Capt Daniel Barron's Company in Col Ward's Regiment and I understand he was what was called one of the eight months men.
Samuel Howe
State of Vermont } Lunenburg Sept 28 1833 Essex County ss } Personally appeared
Samuel Howe signs of the above affidavit and made solemn oath that it contains the whole truth and nothing but the truth Before me W m Gates first Penn I further certify that I am well acquainted with the above named Samuel Howe and he sustains the reputation of a man of truth and veracity W m Gates first Penn

State of Vermont Essex County ss
I William Gates Clerk of the County Court within and for the County of Essex do hereby Certify that W m Gates who has affixed his name to the within is a magistrate and I believe the same to be his genuine signature
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 28 th day of September A D 1833 W m Gates Clerk

I Samuel Gates of Lunenburg in the County of Essex and State of Vermont testify and say that in the year AD 1775 I resided in Marlborough in the State of Massachusetts that I was then acquainted with Levi Gay then residing in Marlborough and now resides in Lunenburg aforesaid and I well remember that said Levi Gay did enter the service of the United States at or about the time of the Battle of Lexington in Capt Daniel Barns Company in Col Wardas Regt I went & served two weeks in the same Company for one Benjamin Stearns three weeks for John Brigham and I well recollect seeing Mr Gay there and in November of the same year I went to Dorchester under my Father Capt Silas Gates and I remained there until Jan'y 1776 I recollect that said Levi Gay was there & I think he left the last of December 1775 I have seen his declaration for a pension & verify the same it is perfectly correct I should think so Levi Gay about eighty five years of age
Sam! Gates
State of Vermont } At Lunenburg this 15th day of Essex County } August AD 1832 Personally appeared Samuel Gates whose name is subscribed to the above affidavit and made solemn oath that the facts therein stated are true Before me William Gay Justice
I hereby certify that I am well acquainted with the above named Samuel Gates and consider him a man of true veracity -
Wm Gay Justice

State of Vermont / I William Gates Clerk of the County Essex County ss } Court within and for the County of Essex do hereby certify that William Gates Esq. before whom the within affidavit of Samuel Gates was taken and sworn to is a Justice of the Peace within and for the County of Essex aforesaid and that his name thereunto subscribed is his genuine signature - In testimony whereof I have hereunto subscribed my name and affixed the seal of said Court at Lunenburg in said County This 20 th day of August A.D. 1832 -
Wm Gates Clerk

State of Vermont } on this 28th day of September District of Essex } A.D. 1833 Personally appeared before the Hon. Wm. Gates Judge of the Court of Probate for the District of Essex and now sitting Levi Fay named in the foregoing declaration and on oath makes the following additional and explanatory declaration to wit -
That he volunteered into a Company of minute men in Marlborough in the State of Massachusetts as a Corporal and on the 19th day of April 1775 he had orders to march and did march to Cambridge near Boston in said Company - And on the 26th day of April 1775 he enlisted as a Corporal in to a Company commanded by Capt Daniel Barron and Col Jonathan Ward They of Massachusetts State Troops for the term of Eight months that he was stationed at Cambridge the first part of the time and was then stationed at Dorchester and that he served the whole period of Eight months in said Company and there as a Corporal and for said service he claims a pension since making his former declaration he has obtained the Certificate of the Secretary of State in Massachusetts and the Disposition of Samuel Hovey
That he was born in Southborough in the State of Massachusetts in the year 1747 - That he knows of no records of his age and has none in his possession and he has no knowledge of ever having received any discharge in writing
Sworn and Subscribed the day Levi Fay and year of our Lord Wm. Gates Judge

I William Heywood Jr Registrar of the Court of Probate within and for the District of Essex in the County of Essex and State of Vermont do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Levi Gay for admission
In testimony whereof I have hereunto set my hand and seal of office this 28th day of September A D 1833
William Heywood Jr Registrar
State of Vermont, Essex County ss
I William Gates Clerk of the County within and for the County of Essex aforesaid do hereby certify that upon Gates Esq before whom the foregoing declaration of Levi Gay was taken and sworn to is judge of the Court of Probate within and for the District of Essex aforesaid and that his name thereunto subscribed is his genuine signature
In witness whereof I have hereunto set my hand and affixed the seal of said Court this 28th day of September A D 1833
Wm Gates Clerk

3714
Levi Ray
Lauenburg
Essex Co
W
Admit
8 mos
Corporal
Pensioner
Lauenburg
V

WAR DEPARTMENT,
Pension Office,
23 d April 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
No Levi Fay

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
Learn of claimant can be proved by if he served as he states

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.  The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the terms, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] The traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
the certificate of the Secretary of State of Massachusetts

DEPARTMENT OF CHEMISTRY DARTMOUTH COLLEGE HANOVER, N. H.
STEELE CHEMISTRY BUILDING
Sept. 11, 1923.
Commissioner of Pensions, Washington, D. C.
Dear Sir,
I am anxious to find if the following three Revolutionary soldiers were pensioned for their service and if so can you give me the date and place of the death of each or where they were living when drawing pension,
 ✓ 1. Levi Fay - served from Marlboro, Mass. living after 1800 at Lunenburg, Vt.  • 2. Ebenezer Harts horn - served from Wrentham, Mass. living after 1800 at Lunenburg, Vt.  ✓ 3. James Bennett - served from Canterbury, Conn. living after 1800 at Bethany near Batavia, N.Y. 
Also a Bradley Harts horn from Lunenburg Vt, or Crompton, Quebec, served in the U. S. Army before Civil War, perhaps was in Mexican War but may not have enlisted at above town. Did he later draw pension and where did he then live and die.
I shall be very grateful for any information you can give on these men. Very truly S. B. Harts horn
searched no pension was no Old pension